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Anita (working)     24 March 2011

Divorce and remarriage

From the last 7 months iam living seperate from my husband, he never tried or approached me to save our marriage, from last so many months i have been trying hard to reconcile but my husband is not ready. I had filed a case of crpc 125 , that time he came in the court & said that he is ready to accept me back, but later his behaviour proved that he is not interested to take me back. So now I want a divorce , but i want it to be peaceful. I don't want allimony or maintenance. I just want a quick divorce.

1) How soon i can get a divorce if we both file it mutually ?? & i don't want to go through any counselling because it has already been done during 125 crpc. I have understood that he has no interest in me , therefore no point to force a person .

2) Is it possible that i make a legal document as divorce papers and get it signed from my husband ??? I want to save time so is this possible ??? I know my husband will sign it happily , so can i send him the divorce papers directly ???

3) How soon can i get divorce ???

4) And after divorce within how many days i can remarry ????


 11 Replies

Tajobsindia (Senior Partner )     25 March 2011

@ Author

I will propose two advises;

Societal advise;

1. Given to understand people come here only once all reconciliation and give and take efforts have failed and they have made up their mind (especially to such type of queries it is said so), so remedy is to talk to him neutrally and seek his side of opinion on reasonable parting of one time alimony amount and get over with all baggage’s amicably and march ahead from there on.



Legal advise;

1. Talk to him on mutual consent divorce and on one time alimony meetign to you which he things is reasonable for you to lead a decent life ahead (post divorce) Any resonable man do give away resonable sum and it is not so that men folks are hard in such last mile hitch overcome if talked over amicably.

2. If he agrees then file jointly Mutual Consent Divorce Petition with terms of withdrawal of S. 125 CrPC and his commitment to meet the one time alimony payment and give first motion statement and follow the agreement part and then come back after 6 months and make second motion statement and get Decree in mutual consent divorce proceedings and march ahead in life. That’s it. 6 months if the parting soup is well made otherwise it is difficult scenario today if one spouse wants divorce and another is not ready to give. reason may be parting of huge maintenance (alimony one time) and or personal issues (ego) whatever.  

However, you know your and his situations better than writers here. A MCD (Mutual Consent Divorce) takes 6 months minimum and maximum 18 months now-a-days. In between first and second motion if any agreement there then those terms needs to be fulfilled. If you say you don’t want money and he is then happy to give divorce then in my practical advise it is always better to take agreed money (seeing his cmfort level sinc eyou say you donot want and he is happy not to even give which is bad in humane relations is my opinion) as one time alimony before decree in divorce proceeding and still before withdrawing s. 125 CrPC. Both couple shall feel contented that they both did part away but as matrimonial friends instead of short cut way and then after few years come back to same board fighting under change in circumstances whatever.

Choice is all yours, but do think about it and give your best efforts and with which all the best.

1 Like

Anita (working)     25 March 2011

Thankyou Tajobindia Sir......

But sir please tell me once i get divorce, then after how many day i can remarry. My parents are old and want me to settle down.  I  am looking forward for a decent  and happy life ahead. So kindly tell me after divorce how soon can i remarry ???

Tajobsindia (Senior Partner )     25 March 2011

@ Author

Apologies for missing giving answer to your other que.

1. It is 90 days means Appeal against Divorce Decree is 90 days time.

Suggest to file a Caveat Application just after getting decree in divorce proceedings before Sessions Court as well as before your State's Hon'ble HC. Caveat is basically a application to a Superior court to inform you (means Notice of Motion needs to be sent to you) in case any activity by HIM as Appeal against the decree is layman's way of explaining in short what is Caveat

Off the board records
it seems you are quite confident that HE will agree hands down ! However, once again all the best wishes, and wishful thinking is that let us assume all spouses amicably settle in such nicer ways their matrimonial issues .....:-)

[BTW eik thumbs up wala icon kripaya press kar dena mere naam ke niche, kya pata second LCI Ipod bhi mil jaye eik baar aur usko bhi eik aur LCI wali ladaki ko gift kar du yaha yeh sonch raha hun, waise pahale wala to Roshni ko gift kar diya aab bari hai Meenal ko gift karney ki LCI Ipod……………… ]

2 Like

Roshni B.. (For justice and dignity)     25 March 2011

Originally posted by :Rajeev Rakheja aka Tajobsindia
" all spouses amicably settle in such nicer ways their matrimonial issues .....:-)

 waise pahale wala to Roshni ko gift kar diya aab bari hai Meenal ko gift karney ki LCI Ipod……………… ]



according to tajobs,a girl is nice if she walks out of an abusive marriage where the husband is a deserter,without any alimony or maintenance.otherwise she is not...

so all girls at LCI,please follow follow tajob's dream of walking out of abusive marriages NICELY,without asking for your rights..


BTW, which I-pod did u gift me?dont talk nonsense here!


if at all u r AGGGAAAIIIIINNNNNN craving for an i-pod,u can write in the below thread,where u have demanded it before also..





Tajobsindia (Senior Partner )     25 March 2011

@ Roshni

Read 10 times my Legal opinion para 1 and 2 again and again where I said amicably ask one time alimony and if he gives OK and if not then the author herself says she does not want so do you think a Advocate like me should file criminal cases to get alimony what nonsense you are saying now !. The author of this post simply points to his behaviour of non - communication with her that is all and how you can form an opinion that HE IS ABUSIVE com'n Roshni I mean is this your case or this authors?.

Further, the author wants to get out from such relationship even without alimony as her parents are getting old and they want her to settle down so according to you she should spend rest of her life in Courts for alimony and she was unfortunate that her marriage ended in abusive relationship com'n what interpretation of some of the simplest posting you give…..….bravo  

BTW, read any authors posts in LCI calmly and give suggestion as per Law not your personal perception which number of times I pointed to you. The highlighted comments of yours is your personal perception as even in your own personal case happened which you are cross till date and think any women writer here should spend rest of her life in courts or in LCI trying to figure out a way out. Marriage and post marriage life is precious and it is not simiple to get even re-married and this lady is trying her best and you want her to go back to courts and courts just to teach her husband a lesson...what a legal terrorism you preach here under the garb of "for justice and dignity" !!!!!!!!

Concerning Ipod gift to you in one of my earlier post I asked you to give your address so that the day I get an Ipod I can gift it to you and Meenal. I received yesterday the Ipod. Further concerning the link of my Ipod post that you posted here, it was a well thought Joke which even Admin and others admitted so best is to read my posts ten times before commenting especially jokes if your legal knowledge is poor.

Now send your address so that the Ipod that Admin gifted to me I can post to you. And if you don’t wish to give your address by 30th. March then I am posting it back to Admin address in Chennai. Don't worry I will strive for second Ipod too herein LCI and gift that to Meenal and if she does not want it then return it back to Admin. That is my limit here that is 2 Ipods which even in that Jokes post I said long time ago
J .

Thanking a Post means you are agreeing to it and or you got benefited by replies. If you so cross over my replies then don’t thank my post from today onwards anyhow you yourself say that you donot understand my English so better to not even read my post, why you reading them and till date why you thanked me several times I never asked you so!

You can’t understand what is HARMONY take this comment from me now.  

Harsh (Advocate)     25 March 2011

I would be able to assist in your case. 
You can further contact me on harshmparekh@gmail.com
I am a practicing lawyer on Divorce law matters .
Harsh Parekh
9971780620 (M)


I respect law & order, i understand that one should not let things go so easily, specially when one partner had true feelings and tried the best, but if the opponent is agreeing but is not happy or won't keep you happy then there is no point in dragging that relationship. Its not about few days or months........its about life...which is a very long journey.  Even if i go back, i have understood it will be an insecure relationship. I will be under constant stress that my husband might leave me anytime as he did before.  My husband is showing no interest at all , he has no feeling for me, so what can i expect from him.

Thats the reason i asked this question on LIC, but yes women who have suffer alot should never leave there husbands this way, they should understand that woman is not a toy.  And even woman should not file false cases just to complete there own wishes etc. 

Anyway thankyou verymuch.....

Tajobsindia (Senior Partner )     25 March 2011

@ Member (Account deleted)

Exactly but as a Advocate we shall not go into "personal" perceptions is my point which this girl Roshni never understands.

Anita (working)     25 March 2011

Sir, i want to ask....

In mutual concent divorce it takes minimum 6 month , so once the divorce is done,  still i will have to wait for 90 days for remarriage ???

Mutual concent divorce means both the parties are ready, but then also i will have to give 90 days ????

Or i can marry immediately ????

Please answer me this ???


Tajobsindia (Senior Partner )     25 March 2011

PS: I am making a exception mail reply as I rarely like to exceed three reply to a post

@ Author

1. Yes as per Appellate court the law says appeal period if 90 days. It is other matter that very few such cases are opened up before Appellate Court but then chance and or choice of one litigant opting for such tactics are always there to frustrate other party.

2. Agreed Mutual Consent means as what you interpreted rightly. However the cases post decree which were opened for re-trial are once where one party said that she and or he was under duress and or was subject to fraud of otjer party to trick me into mutual consent and it was played upon me etc. hence I now donot agree to the decree of the court ! However I once again say that such cases are in very very few minority.

3. It is always suggested to wait 90 days post decree award to get remarried. However, you and he are the best Judge of chance or choice situation. My duty is to tell correct interpretation of such Laws beyond that I donot wish to come into picture.

Off the records one should always strive to have positivism around for receiving positive outcome from any situation in life and try to have faith in yourself as well as in his mutual consent that is all to end this 3 -1/2 post replies from my end may say and let other legal experts throw their wisdom on your this interesting post. 

vishal verma (director)     07 July 2011

dear sir

i have done a love marrige in july n we live spreatly after that n in dec. we move out n live jointly for 3 month after that my father-in-law make emotional n froce me to come home n in that condition i came back to my home after that they told me that my brother in law is ill they takr my wife by promising me to take her back in 10 day but they donot i talk to my wife in 15 days in every month now they bring her but now she does not want to talk to me i know they make her emotional they frocing her to give me a divorce but i dont want to give because i know her she cant live without me pls suggest me what should i do i m in big tension n my love my life is not with me pls............................help me sir/mam

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